Do you promote client testimonials on your Web site, overnight
delivery in banner ads, or other companies' trademarks in
newsletters? These techniques aren't illegal, but the way
they're used could get you into legal trouble.

"The rise in Internet fraud and unethical marketing
practices is creating more aggressive legal action to protect
consumers," says Wood. "Companies are also more
vigorously protecting their brands online. More than ever,
responsible Internet marketers need to make sure they're
following the law."

Wood offers the following Internet marketing guidelines:

Copyright usage: Online information isn't free to
use. And crediting the original source doesn't necessarily
prevent a charge of copyright infringement. While short quotes are
permitted, it's best to ask for approval and any data-use
requirements. Fortunately, many organizations are thrilled to be
referenced and will gladly give permission.

Privacy rights: Client testimonials and photos
aren't fair game either. "Individuals have a right to
privacy, and their names or images cannot be used for advertising
purposes without their written consent," advises Wood.
"For example, an event planner can't use a photograph
taken at the event that shows the client or those who attended the
event. Get written approval."

Trademark usage: If you're a company's
authorized reseller or affiliate, you'll likely use their
trademarks in your marketing campaigns. However, you should avoid
using trademarks in a manner that may dilute the integrity of the
mark. For example, Kleenex is a brand of tissue-it's not
a synonym for tissue.

Competitors who use a trademark owner's marks and confuse
consumers are at risk of trademark infringement and possibly a
lawsuit. If you clearly compare your product to a competitor's,
that's legal-provided the comparison is truthful. However,
redirecting your competitor's consumers to your site without
clarifying that you're not the trademark owner is a big
mistake.

Order fulfillment: Marketers who advertise fast or
overnight delivery and then fail to deliver can get slapped with
fines in the hundreds of thousands of dollars. Wood warns that the
law requires delivery within 30 days if no time frame is noted.
Many marketers promise delivery in eight weeks, which generally
gives them plenty of time to fulfill the order.

Re-evaluate these techniques, if you're using them. Also
consider reviewing the marketing tactics of your partners and
competitors to ensure your company is protected from their efforts
as well. Legal sites such as Adlaw, Adlaw by Request, and FindLaw are helpful
resources.